Two important ideas to keep in mind when answering questions in a deposition

continuing legal educationBy William J. Price

If you’re ever forced to file a lawsuit, there are many steps you’ll need to take with your lawyer before the claim can be resolved.

Before your case goes to trial, you’ll typically be asked to take part in a deposition. This step in the discovery process gives lawyers from both sides the opportunity to find out what their witnesses know about the incident and to make a record of these testimonies. The lawyers participating in the deposition will usually ask questions based upon the issues a jury will need to decide in a trial. Continue reading “Two important ideas to keep in mind when answering questions in a deposition”

How your medical records can influence the compensation you receive after an accident

By William J. Price

medical recordsThe things you say or fail to say to your doctors after an accident can be crucial to the outcome of your case. Most victims assume they will recover from their injuries within a few weeks of the accident. When an auto accident victim arrives at a doctor’s office, they typically focus on the most severe injury and fail to bring up their smaller ones. Insurance companies can use this omission as a limitation on the victim’s compensation.

Doctors record the subjective complaints of the patient once the exam begins. After a crash, accident victims commonly fail to be specific and thorough when advising the doctor of their injuries. Smaller injuries, which tend to be overlooked, often grow worse in the days or weeks after the accident. The further these complaints are removed from the date of the accident, the more likely the insurance carrier will not consider them for compensation.

For example, a person who hurts their neck and lower back in an accident, but fails to mention the back pain for 2 to 3 months following the accident will potentially be precluded from any type of payment for the lower back injury. This is a common problem.

Until your pain is completely resolved, don’t be afraid to monopolize your doctor’s time and identify every body part injured in the accident. Otherwise, you will never receive full compensation.

About Elk & Elk Attorney William J. Price

William J. Price focuses his practice on personal injury litigation for people who have been seriously injured or killed as a result of medical malpractice, nursing home neglect, defective products, negligence in construction sites, and trucking and auto accidents. He has been recognized by Super Lawyers, Martindale-Hubbell, AVVO, and is a member of the Multi-Million Dollar Advocates Forum and Million Dollar Advocates Forum.

 

Why won’t the insurance adjuster call me back?

By William J. Price

insurance adjusterEvery plaintiff has the same complaint: “The insurance adjuster will not call me back.”

It’s not unusual, and the adjuster is not making the matter personal.

Your case is classified as a claim, and adjusters do not call people back due to the volume of claims. An efficient and diligent adjuster handles hundreds of claims and typically receives dozens of phone calls each day. All companies have a policy of returning phone calls within 24-48 hours, but most adjusters will never meet this deadline.  Continue reading “Why won’t the insurance adjuster call me back?”

How to Avoid Gaps in Your Treatment After an Injury

By William J. Price

gap in treatmentA gap in treatment is a period of time when there is no documented medical treatment.

For example, if you are in an accident and do not go to the emergency room for over 30 days, there is a 30-day gap in treatment.

A second type of gap can occur when there’s an extended break between treatments. For example, if you’ve been receiving consistent treatment and then stop for four months before making another appointment, this is considered another gap in treatment. Continue reading “How to Avoid Gaps in Your Treatment After an Injury”

4 things you need to know about contingency fees

By William J. Price

contingency feeA contingency fee contract delays a lawyer’s legal payment until a financial result is reached between the client and the defendant’s insurance company. The verdict or settlement includes compensation for medical bills, lost wages, and pain and suffering. Under a contingency arrangement, the attorney’s payment is a percentage – usually 33% – of this amount. Continue reading “4 things you need to know about contingency fees”

Earn Continuing Legal Education hours at these upcoming seminars

continuing legal educationLocal and state bar associations, the National Business Institute, and other organizations regularly host opportunities for attorneys to earn Continuing Legal Education (CLE) hours.

Elk & Elk attorneys are often invited to share their extensive experience in various areas of personal injury law with their peers in the legal community at these events. Continue reading “Earn Continuing Legal Education hours at these upcoming seminars”

Ohio Deer Season: Gun Safety

By William J. Price

Deer hunting has always been about tradition. As a kid, I tagged along to learn the nuances of what to do and what not to do when killing an animal. As an adult, I imparted the family wisdom to my kin and relished the time alone with my children who enjoyed one of my few hobbies. As gun season is now upon us, the one practice I still continue to review each time we set foot on our property is gun safety. This tradition will never die.

When deer hunting, always determine your target and know where your shot will stop.
Photo by jaymantri.com, licensed under CC BY 1.0

 

Aside from the typical safety routines I review each time a gun is in their hands, I chose this year to focus in on the following rule: “Be sure of your target and what is beyond it.” [1]  Whether you are in the blind, in a tree stand or simply walking through the woods, knowing what is potentially beyond the target is the hardest part of hunting. To stress the importance of this simple rule, I took the kids on an excursion days before the season opened.

From the tree stand, we mapped out the woods and all of the hazards. We measured off the feed piles, areas of thick brush and tree cover and the open fields, which fed directly into the woods. I stressed these were the areas where other hunters may exist. We identified the dangers, such as protruding rocks and large tree trunks, where ricochets may occur, ravines containing blind spots and lastly looked for other tree stands or areas where hunters may “accidentally” trespass on our land. The whole purpose of this very simple exercise was to identify those hazards which may suddenly appear after a shot is taken.

While I may be disappointed when my son or daughter misses a shot, I do not want to regret the shot was due to a lack of preparation on my part.

Ohio Deer Hunting Season

The Ohio Department of Natural Resources has announced Ohio’s 2015 deer-gun season will continue Dec. 28-29.

During the Dec. 28-29 firearm season, all hunters except waterfowl hunters must wear a vest, coat, jacket or coveralls that are either solid hunter orange or camouflage hunter orange. Hunting hours are 30 minutes before sunrise to 30 minutes past sunset for all deer seasons.

Shotguns and straight-walled cartridge rifles in approved calibers cannot have more than three shells.

For more information on deer hunting rules, including approved guns, visit wildohio.gov. Download a copy of the 2015-2016 Ohio Hunting Regulations or pick up a copy where licenses are sold.

 

Bill Price is a seasoned trial attorney who focuses his practice on personal injury litigation for people who have been seriously injured or killed. He has the distinction of being named to the 2016 Top 100 Ohio and Top 50 Cleveland Super Lawyers lists.


 

Sources:

[1] National Shooting Sports Foundation. “Firearms Safety | 10 Rules of Safe Gun Handling.” NSSF, n.d. Web. 18 Dec. 2015. http://www.nssf.org/safety/basics/